1. Scope of application
These Conditions of Carriage apply to the carriage of persons and baggage including all related services performed by Jet4you, 4, lotissement de la Colline Sidi Maarouf 20190 Casablanca-Morocco, and/or its agents and subcontractors (collectively called "JFU").
JFU shall be entitled to transfer carriage in whole or in part to a subcontractor ensuring that its safety standards are at least equal to those of JFU and the carriage is operated by a company of equivalent quality. JFU may change aircraft and flight numbers.
These Conditions of Carriage also apply to carriage free of charge except when expressly stated otherwise.
2. Booking
Bookings can be made via internet, telephone, travel agencies (in Morocco or France and almost all countries of destination) or at one of our airport agencies . Bookings can be made up to 2 hours prior to departure (3 hours for flights operated by Corsairfly). Later bookings can only be made at the airport desk and before check-in closes 40 minutes before the schedules departure time (1 hour for flights operated by Corsairfly).
You will not receive a paper-ticket. After booking a flight the passenger will be given a confirmation number and, upon request, a booking confirmation by fax or email. It is recommended to present the booking confirmation at check-in.
When a booking is made for several passengers in one booking application the applicant is responsible for the correct and immediate information of all passengers booked by him. The applicant is liable for any damage to JFU resulting out of or in connection with the incorrect or late information transmitted.
Bookings are only valid for the booked flight and person. Change of name at the airport is only accepted upon presentation of a certificate issued by the competent authority proving a change of name between booking and departure. Name change before departure are possible in accordance with the clause 5 our legal terms only.
JFU is not liable for carriage or reimbursement if the confirmation number and a valid passport or ID card are produced at the airport desk by a non-entitled person, if carriage or reimbursement are made in good faith.
3. Fares / Payment
All fares confirmed in the booking are valid only for the confirmed time and place of departure and destination for the person named in the booking confirmation.
Full payment is due when booking is completed. Instalment payments are not accepted.
In certain countries taxes or other charges may be levied by governmental or airport authorities directly from the passenger. These are not included in the fare and thus have to be paid separately by the passenger. Please note that all fares quoted for internet bookings are exclusive of taxes and duties. The total price is shown at Step 3 of the booking process.
In case of non- or late payment JFU is entitled to charge an interest at least equal to the legal interest rate as well as a fee for claiming the damage caused by late payment of 5.50 €, notwithstanding any additional damage resulting from non- or late payment. In case of a charge back (if the amount charged by JFU from the passenger`s bank or credit card company is charged back in full or in part or is claimed otherwise) a charge back fee of €25.00 per booking is due and payable, if the passenger is not in the position to verify, that there is not a marginal or no claim originated for JFU.
Incoming payments will first be offset against the oldest debt. Payment which is not sufficient to cover the entire debt will first be offset against the costs, then against the interest and finally against the principal debt.
4. Check-in/Required travel documents
We recommend that all passengers appear for check-in 2h30 prior to the scheduled departure time. Check-in desks close 50 minutes prior to scheduled time of departure. After close down of the check-in system, no check-ins are possible. Passengers must appear at the check-in desk in due time so that they are checked-in and in the possession of a boarding card latest 50 minutes prior to the scheduled time of departure. If a passenger does not meet the check-in deadline indicated, JFU reserves the right to deny carriage and the passenger remains obliged to pay the fare.
For check-in the confirmation number and a valid photo ID (passport, identity card) are required and any visa or additional documents required by/ for the country of destination. Without these documents we reserve the right to refuse transportation. The passenger is responsible to carry with him all necessary documents for the travel to and from the country of destination.
When the payment is made by a credit card, Jet4you reserves the right to ask the passenger, at the checking counter, to present the original credit card (or a copy of it) through which the payment was made. If the credit card belongs to another person, the passenger will also be required to present the original or a copy of the Id of the holder of that card.
Barring the presentation of these documents, Jet4you reserves the right to decline the passenger’s request for flight.
5. Booking changes/ Cancellation
All flight bookings can be changed by calling the JFU customer service centre. This change is subject to the payment of a fee of € 30 per flight and per passenger up to 12 hours prior to the scheduled departure time.
The passenger will be required to pay the price difference if the fare at the time of the new booking is higher than the original fare (difference with the actual fare at time of new booking). No refunds are made if the new fare is lower than the original fare. All fares quoted for internet bookings are exclusive of taxes and duties The total price is shown at Step 3 of the booking process.
JFU reserves the right to deny carriage and the passenger remains obliged to pay the fare if he fails to appear no later than 40 minutes prior to the scheduled departure time at the check-in desk (1 hour for flights operated by Corsairfly), presenting all required valid documents (passport and visa), in such good time that he can be checked-in and in possession of a boarding card . This also applies if the passenger has notified JFU in advance that he will not appear for the flight.
6. Baggage
(1) Each passenger (except children under 2 years) is entitled to buy 20kg of weight allowance online for a fee of 11€ / one way. This weight may be carried in one or more luggage pieces. It is advisable to buy the weight allowance during your booking. This weight allowance is free for the flights Oujda-Brussels south, Nador-Brussels south, Tanger-Brussels. At the airport, unchecked baggage will incur a fee of 22 € / allowance / one way.
Extra weight can be purchased during your booking online at a discounted rate of 8 € / Kg / one way. The rate at the airport is 12 € / kg / flight.
Each passenger is entitled to one piece of hand luggage that respects both these following conditions: a maximum weight of 6 kg and a size of 55cm x 40cm x 20cm.
Every hand baggage that does not meet these conditions will either incur a penalty of 80 € / baggage at the gate or be denied (sent to the luggage claims’ service).
(2) The baggage tag proves weight and number of checked baggage. Checked baggage must be must be marked with the passenger's name. A violation of the aforesaid can cause exclusion of liability.
(3) JFU reserves the right to refuse carriage if baggage is not packaged/wrapped properly so that safe transportation is secured.
(4) It is not permitted to carry in checked baggage fragile or perishable objects, or objects of great value such as money, jewellery, precious metals, computers, cameras, mobile phones or other electronic equipment, stock and shares, stock-exchange securities as well as other valuables or commercial papers, samples, identification documents, house or car keys, medicines or medical items such as glasses, hearing aids, etc. JFU may refuse carriage of these objects as checked baggage and its liability will therefore be limited.
(5) Baggage will be carried on the same aircraft as the passenger except in cases were the airline is of the opinion that such carriage would not be practicable. In such a case the airline will carry the baggage on one of its next flights.
6) Checked baggage will be delivered at the destination airport specified on the baggage tag. The baggage shall be taken by passenger as soon as it is ready for delivery at the airport of destination or at the airport where the flight is interrupted.
7. Special/Excess baggage
Carriage of excess and special/oversized baggage (i.e. baggage in excess of baggage allowance, - in weight and/or measurements such as sports equipment, animals and wheelchairs) is subject to additional fees. Payment of all these additional rates must be effected prior to departure otherwise the passenger has no right to carriage for his baggage.
Carriage of any special baggage or baggage in excess of 50 kg and the transportation of animals, and also guide dogs and carriage of disabled passengers, must be notified and confirmed by the JFU customer service centre, due to limitation of the hold capacity.
Checked baggage in excess of 20 kg is charged at a rate of € 12 / kg per flight.
Sports equipment such as bicycles, surfboards, skis, golf bags, windsurf boards, diving equipment etc. exceeding the hand baggage allowance in weight and/or measurements, weighing up to a maximum of 30 kg, can be carried as checked baggage and will be charged 60€ per piece and per flight. Items weighing more than 30 kg will be charged at the excess baggage rate 12€ per Kg.
Carriage of such baggage is limited to 1 piece per passenger. The administration fee is not reimbursable. Carriage of sports equipment must be notified and confirmed by calling the JFU Customer Service Centre, due to safety regulations and limitation of aircraft's hold capacity for excess checked baggage..
Provided that musical instruments do not exceed the customary size and the customary weight for hand luggage, they can be carried in the cabin as hand luggage. Carriage of musical instruments that exceed the customary size and the customary weight for hand luggage must be confirmed by the JFU Customer Service Centre. These instruments will only be carried in a well-packaged condition (hard shell) in the freight hold. If you exceed the free baggage limit of 20 kg, you can take the instrument along for a flat rate of 60€ per route in the freight hold.
Carriage of excess/special baggage is subject to available capacity and safety regulations. For these reasons carriage of this baggage can be limited or refused.
The rules apply:
a) All baggage must be packaged appropriately and adequately for air transport, sufficiently protected against damage from within and without of the baggage. JFU does not accept responsibility for damages resulting from insufficient packaging.
b) Bicycles must be packaged as specified above. Additionally the wheels of the bicycles have to be turned parallel to the frame, pedals have to be removed and tires deflated. Oxygen cylinders have to be emptied completely.
JFU reserves the right to refuse carriage of baggage not sufficiently packaged.
Carriage of sporting weapons is limited and subject to the prior approval of the carrier, in compliance with the directives of the Pilot in Command and after payment of an non-reimbursable administration fee of 30€ per flight. The carriage of sporting weapons can be refused without giving reasons. Ammunition that is taken along must be packed securely and separately from the weapon.
8. Carriage of expectant mothers
For the health and safety of expectant mothers JFU applies the following rules:
a) JFU will carry expectant mothers up to the 28th week of pregnancy (this also applies for the return flight) without a doctor's certificate. JFU may request a doctor's certificate proving that the passenger is no more than 28 weeks pregnant;
b) from the 29th to the 37th week of pregnancy carriage is only allowed on presentation of a doctor's certificate,
c) as of the 37th week of pregnancy, or the 30th week in case of twins, carriage is not allowed.
If the expectant mother has booked a return flight she has to comply with these rules at the time of the return flight.
9. Carriage of disabled passengers
(1) Disabled passengers
a) In general
Passengers who are in a wheelchair or who experience difficulties when walking or climbing steps can request assistance when boarding. This assistance is only available upon prior notification. The absence of a prior notification may lead to improvisation and delays at the moment of embarkation, or even to a refusal to grant the person concerned access to the aeroplane. An application for transport, with indication of the nature of the disablement, is mandatory upon booking.
Wheelchairs belonging to the passengers can be transported at no charge, only in the baggage hold. Depending on the type of battery of the electric wheelchair, the passenger has to take different safety measures.
b) WHR: passengers who can walk and climb stairs autonomously. Assistance can be provided for longer distances at the airport. Number unlimited.
c) WHS: passengers who are unable to climb stairs. Assistance is required for climbing stairs. Number limited.
d) WHC: passengers who are completely immobile and require full-time or part-time assistance to move themselves. Number limited.
e) Transport of wheelchairs
Wheelchairs belonging to the passengers can be transported at no charge, only in the baggage hold. This needs to be mentioned upon booking.
A distinction is to be made between three kinds of wheelchairs.
1) Manual wheelchairs
Folding wheelchairs can be driven up to the aircraft steps or door and are subsequently loaded in the baggage hold.
2) Electric wheelchairs or other mobile assistance devices with non-spillable wet cell batteries.
This means the battery is a sealed unit and cannot be filled or refilled.
The following actions are to be taken in case of transport by plane:
• battery has to be disconnected
• battery poles need to be well isolated.
3) Electric wheelchairs or other mobile assistance devices with spillable wet cell batteries.
This means the battery can be filled or refilled. As the airline company cannot assure that the wheelchair will be transported upright in the cargo hold, the following actions have to be taken:
• remove the battery and pack it upright in an appropriate box (leak proof, resistant to battery liquid, packed sufficiently in absorbent material to absorb all liquids;
• information labels on the outside: 'battery, wet, with wheelchair; corrosive label; package orientation label (this way up).
Note: the term ‘dry battery’ only applies to small batteries such as batteries used in cameras, mobile phones or flashlights. Batteries used for wheelchair propulsion are always classified as wet spillable or wet non-spillable batteries. Non-spillable batteries are sealed units which cannot be refilled hence safer for transport and will only leak when damaged.
22. Cancellation and delays
1. Except as otherwise provided by the Convention or Regulation (EC) n° 261/2004 (please also see Article 14.5) if we cancel a flight, fail to operate a flight reasonably according to schedule or cease to operate a route, we shall, at your option, either :
1.1 Carry you at the earliest opportunity on another of our scheduled services on which space is available between the same routing points or, subject to our agreement with you, via another airport to your destination or from an alternate airport served by us to your destination. In addition, where necessary, we will extend the validity or your ticket, all without making any additional charge, or
1.2 Carry you on the same route to your final destination at a later date at your convenience subject to seat availability, or
1.3 Make a refund in accordance with the provisions of Article 10.2. If your flight is cancelled or delayed for at least two hours, ask at the check – in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance.
DENIED BOARDING COMPENSATION
If we are unable to provide previously confirmed space, we shall provide compensation to those Passengers denied boarding on our flights in accordance with applicable law. If you are denied boarding ask at the check – in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance.
23. Liability
(1) General
Carriage of persons, baggage and freight hereunder within and without the European Community is subject to the limited liability regulations the Warsaw Convention for the Unification of Certain Rules to International Carriage by Air dated 12 October 1929 or as amended through the Hague Protocol dated 28.09.1955, depending on whether the carriage is domestic or international carriage according to the definition of the Warsaw Convention and/or the Montreal Convention.
Carriage is subject to the limited liability regulations of the Warsaw Convention dated 12 October 1929 or as amended through the Hague Protocol dated 28.09.1955, whichever applies to the contract of carriage, (collectively referred to as the 'Warsaw Convention' hereafter), except if the carriage is not considered international carriage according to the definition of the Warsaw Convention.
JFU's liability shall not under any circumstances exceed the amount of proven damages. JFU is only liable for indirect or consequential damages if such damage is caused by gross negligence or wilful misconduct on the part of JFU; notwithstanding the provisions of the Warsaw Convention and the Montreal Convention, which remain unaffected.
If there has been contributory negligence to the damage on the part of the aggrieved party, JFU's liability shall be subject to the applicable law relating to contributory negligence in view of exclusion or reduction of the claim for damage.
JFU is not liable for any damage due to its compliance with any laws or governmental regulations, orders or requirements resulting from the failure of the passenger to comply with same.
With respect to errors or omissions in timetables or other publications of schedules or to statements or representations made by employees, agents or representatives of JFU as to the dates or times of departure or arrival or as to the operation of any flight, JFU shall be liable only in the event of wilful misconduct and gross negligence.
Any exclusion or limitation of liability of JFU shall apply to and be for the benefit of agents, servants, employees and representatives of JFU and third parties whose aircraft is operated by JFU and their respective agents, servants, employees and representatives. The aggregate amount recoverable from JFU and from such third parties, their agents, servants and representatives shall not in any case exceed the amount of JFU's limit of liability.
Unless expressly provided, nothing herein shall waive any exclusion or limitation of liability of JFU under the Warsaw Convention, the Montreal Convention or applicable European or national laws and regulations.
(2) Personal damages
The liability of JFU in respect to each passenger for death, wounding or other bodily injury is subject to Aviation Law, EEC regulation 2027/97 ; for international carriage as defined by the Warsaw Convention or the Montreal Convention it is subject to the regulations of the Warsaw Convention and the Montreal Convention, EEC regulation 2027/97 as well as these JFU Conditions of Carriage, for all other carriage it is subject to the applicable law and these JFU Conditions of Carriage.
In case of death, wounding or other bodily injury of a passenger, JFU will not invoke the limitation of liability according to Article 22 (1) of the Warsaw Convention or other national or European air law and will not avail itself of any defence under Article 20 (1) of the Warsaw Convention or other national or European law with respect to that portion of such claim which does not exceed 100,000 Special Drawing Rights (SDR). For damages exceeding 100,000 SDRs the objections of Art. 21(2) of the Montreal Convention and other objections according to European and national law and these Conditions of Carriage apply.
To the extent the above paragraphs do not determine otherwise, the limitations of the Warsaw Convention, the Montreal Convention or the applicable European or national law apply.
In case of accidents causing death, or bodily injury of a passenger, JFU will without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make an advance payment as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. In the event of death the advance payment will not be less than the equivalent in euros of 16,000 SDR per passenger. The advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of liability of JFU. The advance payment is not repayable, except in cases of Art. 20 of the Montreal Convention resp. where it is subsequently proven that the person who received the advance payment was not the person entitled to compensation or caused or contributed to the damage by negligence.
If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself, JFU shall not be liable for any personal damage (including death), provided such personal damages are attributable to such condition.
Passengers for whom carriage by air may be dangerous for one of these reasons are obliged to notify JFU in advance so that JFU can check whether or not and under which conditions carriage may be performed without endangering passengers' health. In cases of doubt JFU has the right to deny carriage.
(3) Damage to baggage :
According to the Warsaw Convention, the responsability of Jet4you concerning the registered luggage on international flights is limited to the amount of 20 € per kilogram in case of loss, and to the amount of 35 € in case of damage. The unregistered luggage is limited to the maximum total amount of 547 € per passenger.
These limitations of liability do not apply if the damage is caused intentionally or recklessly by JFU as defined by the Warsaw Convention and/or the Montreal Convention.
The responsibility of JFU can only be engaged for damages to fragile or perishable objects, computers or other electronic equipment, jewellery, precious metals, money, stock and shares, stock-exchange securities as well as other valuables or commercial papers, samples, identification documents, etc. contained in checked baggage, with JFU's knowledge or not, if JFU wilfully caused the damages or committed gross negligence; the conditions of the Warsaw Convention remain applicable.
JFU is not liable for damage to passengers' baggage caused by objects contained in the passenger's baggage unless such damage were caused by gross negligence or wilful misconduct on the part of JFU. Any passenger whose property causes damage to another passenger's baggage or to the property of JFU shall reimburse JFU for all losses and expenses incurred by JFU as a result thereof and shall indemnify JFU against any claims of the other passengers/third parties. JFU's liability is in any case limited to proven damages and in the case of contributory negligence on the part of the passenger reimbursement by JFU will be reduced accordingly.
24. Time limits for claims and legal actions
(1) Notification of damages
For notification of damaged or delayed baggage section 16 of these Conditions of Carriage applies.
(2) Time limits for claims and legal action
Any claim for damages shall be excluded if an action is not brought to court within 2 years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating this period will be determined by the law of the competent court.
25. Data protection and data security
Personal data (name, address, phone number, credit card details etc.) are essential for booking. Protection of the passengers´ personal data is very important for JFU. Data will be stored via electronic data processing and protected in compliance with the French law as well as additional applicable regulations on internet data protection. In addition, JFU Data Protection regulations under the http://www.jet4you.com/ "Privacy Policy" apply.
26. Right to adjust fares
JFU reserves the right to adjust confirmed fares in cases of implementation of a new or increase of an existing fee such as airport charges or taxes, calculated on a flight or passenger basis. The adjustment shall be passed on 1:1, based on each passenger or seat. JFU shall only be entitled to make adjustments if the time between booking and departure exceeds 4 months.
JFU also reserves the right to adjust confirmed fares due to an objectively justified, relevant and non-foreseen increase of fuel cost to and to an extent justified by the increase. JFU shall only be entitled to make adjustments if the time between booking and departure exceeds 4 months. The fare increase due to increased fuel costs is calculated according to the price difference between the fuel purchase price at the time of the booking and the fuel purchase price at the time of claiming the increased fare. The resulting increased fuel costs, based on fuel consumption for the booked flight, will be divided by the number of seats of the respective aircraft type.
In case of any fare adjustment, JFU must inform the passenger as soon as possible and at latest 21 days prior to departure. If the fare increase amounts to more than 5% the passenger is entitled to cancel the booking free of charge or to request for carriage on an equivalent flight if JFU is able to provide such flight for the booked fare. The passenger is obliged to assert these rights immediately upon notification of the fare adjustment by JFU.
27. Alteration of Conditions
No agency, employee or other third party shall be entitled to alter or add to these Conditions of Carriage or to waive their applicability.
28. Legal jurisdiction
For claims and actions arising from or in connection with passenger carriage by JFU, the courts of Casablanca , in Morocco, shall be legally competent, unless designation of another exclusive court is justified. This clause does not apply within the scope of application of the Warsaw Convention or the Montreal Convention or for non merchants whose general place of jurisdiction is in Morocco.
29. Invalidity of provisions
In case one or more of the provisions contained in these Conditions of Carriage should be or become invalid the validity of the remaining provisions shall not be affected. In cases of doubt the French version of these Conditions of Carriage shall prevail.
Please note following:
Notice a.c.c. Regulation (CE) 2027/97, (CE) 889/02
Air carrier liability for passengers and their baggage
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death For damages up to 100 000 SDRs (approximate amount in local currency) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault
Advance payments
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16 000 SDRs (approximate amount in local currency).
Passenger delays
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4 150 SDRs (approximate amount in local currency).
EN Official Journal of the European Communities 30.5.2002 L 140/5
Baggage delays
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1 000 SDRs (approximate amount in local currency).
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1 000 SDRs (approximate amount in local currency). In the case of checked baggage, the carrier is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints concerning baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal. Liability of contracting and actual carriers. If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.
Note:
The liability of JET4YOU ("JFU") as Community air carrier in respect of destruction, loss of, damage to or delay of baggage is limited to 1,000 Special Drawing Rights (“SDR”, approximate amount in local currency). For baggage greater in value than this figure a special declaration of interest in delivery at destination should be brought to our attention at check-in or baggage should be fully insured by the passenger prior to travel. If passenger has made a special declaration of interest and has paid a supplementary sum JFU will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination. In case of damage caused by delay in the carriage of persons the liability of JFU is limited to 4,150 SDR.
For travel to final destinations or stopover points in another country other than the country of departure, passenger carriage can come under the rules of the Warsaw Convention which generally limits the liability of the carrier for damages due to injury or death as well as loss or damage to baggage.
Carriage is subject to applicable JFU conditions of carriage and other JFU conditions.